Reply To: When Minhag Trumps Halacha

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#1180426
zogt_besser
Participant

I think it’s important for people to realize the theological significance of what DY is saying about minhagim. The idea that “we assume that they must have had halachic justification” isn’t just some lame post-hoc excuse. Rather, it’s a very ancient feature of the system. Even in the gemara, we have amoraim saying “puk chazi” to decide halacha. Moreover, there is a concept of “im lo neviim hem, bnei neviim hem,” which establishes Bnei Yisroel’s credentials to create minhagim, and for rabbonim to assume that what they practice is right. Even the gezeiros of the sanhedrin have to be accepted by the am, and if most people find a gezeirah too hard, it is annulled! All of these principles (and more) clarify that being melamed zechus on minhagim isn’t just intellectual laziness, but a function of our kedushas yisrael and a very ancient feature of the system.